Governments of the Middle East

North Africa and Southwest Asia

EgyptArab Republic of Egypt

• A new constitution was passed on December 22, 2012, signed by the new president, Muhammad Mursi (elected on June 30, 2012).

• The Prime Minister is Hisham Qandil elected July 24, 2012.

• Officially this new government is a Republic form of government.

Is this really a Republic?• They have two legislative branches:

– the Shura Council that functions in a counsultive role – House of Representatives, called the People’s

Assembly, were elected by the people in November 2012.

• Elections for the Shura Council are to be held within one year.

• Elections for new House of Representatives were announced to be held in May 2013, but probably will be delayed pending decision by the Administrative Court

• The Supreme Court on June 14, 2012 dissolved the People's Assembly

• The Council of Ministers announced in October 2012 its intent to introduce elections for a third of the House of Representatives incrementally over a period of four to five years

• No such elections have been held or announced

Israel

• The government is a Parliamentary Democracy • They have no formal constitution, but are ruled

by a Declaration of Establishment and the Laws of the Parliament

• This legal system is based on English common law, and Jewish, Christian, and Muslim religious laws

• Elections: They have a president mainly in a ceremonial role and is elected by the Parliament for a seven-year term (one-term limit)

• The parliament is elected by popular vote.

Iran• Islamic Republic of Iran • Theocratic republic (god is the head and priests rule in god’s name)

this is a religious legal system based on sharia law • They have a Supreme Leader and a  President • The Executive branch of government has three oversight bodies:

– 1) Assembly of Experts, a popularly elected body charged with reviewing the performance of the Supreme Leader and removing him if decided necessary

– 2) Expediency Council exerts supervisory authority over the executive, judicial, and legislative branches and resolves legislative issues when the Majles and the Council of Guardians disagree.

– 3) Council of Guardians of the Constitution determines whether proposed legislation is both constitutional and faithful to Islamic law, chooses the candidates in popular elections for suitability, and supervises national elections

Is Iran Limited?

• The Supreme Leader is appointed for life by the Assembly of Experts.

• The President is elected by popular vote for a four-year term

• The Islamic Consultative Assembly are elected by popular vote

• The Supreme Court and the four-member High Council of the Judiciary supervise the enforcement of all laws

 Republic of Iraq

• Iraq has a newly formed Parliamentary Democracy created in October 2005

• They have a mixed legal system of civil and Islamic law

• They have an elected President and Prime Minister

• The Council of Representatives is elected by the people

Saudi Arabia • The government is a Monarchy • The Monarch is both chief of state

and head of government• They have a King and Prime

Minister (who is the same person)• They are governed according to

Islamic law put into place by royal decree in 1992

• Voters must be 21 years of age and male

• The Council of Ministers is appointed by the monarch every four years and includes many royal family members

• There are no elections. • The monarchy is hereditary

Like Us?

• Today, national governments resemble our United States government.

• Citizens have the right to vote, the right to worship freely, and choose how and where to live and work.

• One major difference between our government and theirs is the influence of religion.

Forms of Government

• There are four forms of government used in the countries of the Middle East.

• They are: constitutional monarchy, monarchy, democratic republic, and theocratic republic

Constitutional Monarchy

• A constitutional monarchy is a form of government in which the king is head of state, but their power is limited by a constitution.

• Morroco currently has a constitutional monarchy.

• Their legal system is based on Islamic law and the French and Spanish civil law system.

Democratic Republic

• A democratic republic is a form of government in which the people elect leaders to represent them.

• Egypt (changed in 2013!!!) Tunisia, and Algeria currently have democratic republics, but each of their legal systems are based on different influences.

• The one influence they each have in common is Islamic law.

Military Dictatorship

• A dictatorship is a form of government where a ruler has complete power.

• In a military dictatorship, the military has complete power.

• Libya currently has a military dictatorship.

• Their legal system is based on Italian civil law and Islamic law.

• They have no formal constitution.

Understanding Islamic Law

• In each North African country, Islam is recognized as the national religion.

• The religion of Islam and the government are one in the same.

• There is no separation of church and state like we have here in the United States.

• Islamic law guides all aspects of Muslim life including daily routines, family and religious obligations, and financial dealings.

Islamic law and the Legal System

• There are three levels of crime under Islamic law.

• Hadd (most severe crimes)• Tazir (least severe crimes)• Qesas (revenge crimes)

The Punishment

• Hadd crimes are those which are punishable by a pre-established punishment found in the Qur’an.

• Based on the crime you may be exiled, have your hands and feet cut off, or even death.

• Tazir crimes allow for much more flexibility in punishment because there is no written code in the Qur’an.

• Modern Islamic societies are free to judge tazir crimes as they see fit.

Punishment for Revenge

• Qesas crimes are crimes of revenge.

• If you are found guilty of qesas, the victim or victim’s family has a right to retaliation.

• Depending on the crime, one may have to pay the victim’s family money or, for more severe qesas, be put to death in a public execution.